#Exam 1- Criminal Courts Flashcards
What are the three classifications of offence
Summary
Triable either way
Indictable
What is a summary offence
Common assault
Driving without insurance
Where is a summary offence held
Magistrates
Where is a triable either way offence held
Either magistrates or crown court
An example of a triable either way offence
Theft
ABH
Property damage
Where is an indictable offence held
Crown court
What is an example of a indictable offence
Murder
Rape
Manslaughter
What is the pre trail procedure for deciding where a triable either way offence occurs
If D says not guilty they will go to the magistrates to where they decide whether they have enough power to accept jurisdiction. If not they are sent to crown. This is similar for someone who pleads not guilty
What does the magistrates court deal with ?
Summary offences
Triable either way offences and the hearing for indictable offences
When does the crown court deal with triable either way offences
When the magistrate decides the case is too serious and they don’t have enough sentencing powers
Who oversees trial at the crown court
Jury and judge
What do the jury do
Decide whether a defendant is guilty or not guilty
What does the judge do
Decides the sentence of the defendant as well as help with any point of law
Where do appeals from the magistrates go
The crown court or the administrative court if regarding a point of law
Appeals from the crown court go where
Go to the court of appeal
What can the defendant appeal for if they plead guilty to a crime
They can appeal the sentence the judge or magistrate gives
What can someone who pleads not guilty appeal
The conviction as well as the sentence
who has a limited right of appeal
The prosecution
What instances are there were prosecution can appeal
When the jury is “nobbled” which means threatened or bribed by the defendants family
When there is any new or compelling evidence
What is double jeopardy
When someone is tried for the same offence twice
Which case highlights the use of double jeopardy
Stephen Lawrence’s murder when new DNA evidence was found in the clothing of the defendants
